Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 15 of the National Law insert —
In this Division—
2017 Act means the Education and Care Services National Law Amendment Act 2017 ;
"commencement day", in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.
(1) This section applies to an approved education and care service that has been assessed and rated against the National Quality Standard, as in force immediately before the commencement day, whether that assessment and rating occurred before, on or after the commencement day.
(2) Despite section 138, the Regulatory Authority may only reassess an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard as in force on and after the commencement day.
(3) Despite section 139(1), an approved provider may only apply for reassessment and rerating of an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard, as in force on and after the commencement day.
(4) In this section—
"relevant day" means—
(a) in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or
(b) in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160.
(1) This section applies if before the commencement day—
(a) an approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and
(b) the application had not been determined.
(2) Despite its substitution by the 2017 Act, section 152(5), as in force immediately before the commencement day, continues to apply in respect of the application.
(3) Section 153(2) applies for the purposes of the assessment of the approved education and care service, as if a reference—
(a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and
(b) to the National Quality Standard and the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.
(1) This section applies in relation to an approved education and care service that was awarded the highest rating level—
(a) before the commencement day; or
(b) after the commencement day on an application referred to in section 334.
(2) Section 153(2) applies for the purposes of a reassessment under section 157 of the approved education and care service, as if a reference—
(a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and
(b) to the National Quality Standard and the requirements of the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.
(3) Despite its amendment by the 2017 Act, section 158 as in force immediately before the commencement day continues to apply to the revocation of the highest rating level and for the purposes of that section—
(a) the criteria to be met are the
criteria published under
section 153(1) immediately
before the commencement
day; and
(b) the overall rating level is to
be determined in accordance with the National Quality Standard
as in
force immediately before the commencement day.".
Part 3—Amendment of Children's Services Act 1996